
Family Law - Chapter 4
- Property #3 Quiz
1. What must the court do if it orders property to be held by the parties as tenants in common? see page 254 middle of page?
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2. If the division of property is premature at the time of trial, what can the court do with the property? page 254
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3. Which kind of property division does the court prefer and why? page 254
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4. When will the court allow an un-equal distribution of community property between the parties? see page 255.
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5. When will the court generally not sell an asset? what is the standard, and how do they rectify that? page 255/256
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6. What does "spouse neutral" mean and how does the court distribute these property assets? see page 256.
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7. Can the court "affect" the title of "out of state property" under FC 2660, why or why not?
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8. Where the property is under $50,000 value, what can the court do to resolve the distribution of this property? see page 256.
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9. What can a spouse do to prevent the other spouse from deliberately acting to devalue an "asset of the community" - see page 257.
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10. When does the court recognize the value of a professional practice and personal service business, at the time of separation or time of trial, and why? see page 258.
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11. What is the "actuarial present day value" of a retirement benefit, and how is it calculated? see page 258.
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12. What are the two ways a spouse can pay the non employee spouse off their portion of the retirement benefits? see page 258
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13. Explain how the "time rule" applies in the calculation of equitable distribution of retirement benefits. see page 259.
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14. When may the court deviate from the standard "equal division rule" pursuant to FC 2602. see page 261
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15. if debts exceed community property assets, what does the court do to divide the debts? what standard is applied? see page 261
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16. What is apportionment? see page 264
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17. How is the value of community property increased in value in the Pereira case contrasted with the Van Camp case? see page 265.
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18. Show how the court applies the Perera valuation, and how it is calculated? see page 266
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19. Show how the court applies the Van Camp valuation, and how it is calculated? see page 266.
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